Avoid Immigration Status Discrimination–or Face the Feds 14:44, June 9, 2017

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Category: workplace discrimination

The latest high-profile raids against illegal immigrants have created uncertainty about the consequences of new federal policies (and state laws) on immigration for many employers. “Immigration arrests up 38% nationwide under Trump,” and “Immigration Arrests Rise Sharply as a Trump Mandate Is Carried Out,” read typical headlines (from USA Today and the New York Times, […]

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US federal and state laws require employers to reasonably accommodate employees’ religious practices. Some employees may request time off to attend religious services. Employers must accommodate these requests unless it would cause them an undue burden to do so. But participating in religious services is just one of many possible religious accommodations under most jurisdictions. […]

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Women are still not treated as equals to their male counterparts. A recently published manuscript identifies major factors that create “unequal outcomes for working women at the end of their career.” In other words, sex discrimination. Not all factors arise in the workplace, but many of them do. Knowing what they are, and what companies […]

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In this age of increasing social media use, employers have to negotiate a fine line between protecting their online reputations and allowing their employees to engage in protected activity like trying to improve their wages and working conditions. In April 2017, a catering company learned that it couldn’t fire an employee who used his public […]

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Discriminatory remarks by biased decision-makers can lead to lawsuits and subvert policy. They may also demand ethical decision-making in the form of a firm but fair response. For example, in late March of 2017 the United States District Court, District of Columbia ruled that an employer could be liable for two “explicitly discriminatory” remarks about […]

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The American Dental Association (Association) paid $1.95 million to resolve Equal Employment Opportunity Commission (EEOC) charges that it fired two employees in retaliation for their complaints about violations of federal anti-discrimination laws. According to the EEOC, the Association fired its former chief legal counsel, Tamra Kempf, and its director of human resources after they complained […]

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Most employers realize that they can be held responsible if an employee does something to create a hostile work environment. But some employers don’t know that they can also be liable for failing to protect employees from customers’ harassment or discrimination. Danielle Creacy worked for BCBG Max Azria Group, LLC (BCBG), a clothing retailer with […]

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To paraphrase Joan Didion, we make assumptions in order to live. Assumptions can be innocuous (believing droplets seen from the inside of an office window mean it’s raining outside) or noxious (believing and spreading rumors without evidence). Assumptions about a worker’s disability, especially assumptions about how it may impact their job, can result in harm […]

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True to signals at oral argument that the Seventh Circuit Court of Appeals’ position on sexual orientation discrimination was due for an imminent overhaul, a full court panel of that circuit has ruled that Title VII prohibits sexual orientation discrimination. This, despite contrary conclusions by three-panel opinions of the Second and Eleventh Circuit Courts of […]

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Federal, state, and local laws prohibit employers from engaging in sex-based wage discrimination. But when female employees claim that they’re being paid less for doing the same work that male employees do, employers have an affirmative defense: they can argue that the women are being paid less because of a factor other than sex. Allsteel […]

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